All the parties involved in the multi-billion succession case of the estate of late Daniel arap Moi have been ordered to appear in the High Court on October 7, 2024 to confirm his written Will on the distribution of his vast estate.
Family Court Division Judge Hillary Chemitei on Wednesday gave the orders when the dispute on succession of the over Sh300 billion estate came up for hearing in Nairobi.
Mr Julius Kemboi, lawyer for Moi’s estate, told Justice Chemitei that no one had challenged the contents of the deceased President’s Will.
Mr Kemboi said in the Will, the former Head of State had explained in detail how his estate should be subdivided among his five sons, daughters and other beneficiaries.
Mr Kemboi told Justice Chemitei that none of the five sons of Moi— Jonathan (former rally driver), Ramyond (former Rongai MP), Gideon (former Baringo Senator), Philip and John Mark— had challenged the distribution of the vast estate of their father - Kenya’s second President after independence.
The matter came up before Justice Chemitei following a suit by one of the beneficiaries of the estate of Moi seeking a share of the estate.
Ms Milkah Faith Nyambura, one of the widows of Jonathan Toroitich, asked the court to order Zehrabhanu Jan Mohammed to give her Sh2.5 million for the medication of her son Gift Moi.
Justice Hilary Chemitei asked lawyer Dancan Okatchi, for Ms Nyambura, to await the confirmation of Moi’s Will and distribution of the estate, then pursue administrators of Jonathan’s estate to get a share for his client.
Mr Kemboi and Mr Okatchi agreed that the heirs would be at liberty to file succession causes after the subdivision of Moi’s estate.
“Grandchildren of the late President cannot benefit directly from his estate. They can only benefit from their fathers,” Mr Kemboi told the court.
The lawyer said among the assets mentioned in the Will is the Kabarak property, and that the executees of the Will were willing to sub-divide the estate as per Moi’s wishes penned before passing on.
“The executees of the Will of the late President are willing to implement it to the letter as the deceased wished,” Mr Kemboi stated at the Milimani High Court.
The lawyer said the sub-division of the estate would not take a long period since the sons are not opposed to the wishes of their late father who ruled Kenya for 24 years.
“The sons of the former President have not challenged the sub-division and therefore all parties will attend the confirmation of the last wishes of the deceased country leader,” Mr Kemboi stated.
“There are residue properties which have been moved to a trust besides those disclosed in the Will,” he added.
A lawyer appearing in a dispute pitting the estate of the late Jonathan Kipkemoi Toroitich, Duncan Okatchi, told the judge that he is not opposed to the parties confirming the contents of the Will.
However, he said parties that may be engaging each other over succession of the estates of the sons of the deceased President will square it out after the sub-division.
He termed the will very explicit as it “outlines and identifies the properties for distribution amongst the children”.
Mr Okatchi said those stalking claim over the estate of the late Jonathan Kipkemoi would have to hold on until the will is confirmed and sub-division done.
Mr Okatch said there could be several residue properties of the former Head of State which have not been mentioned in the will but are known, citing one in Karen, Nairobi.
Both Kemboi and Okatch concurred that a grand-child of the late Moi can only benefit from their parents’ portion.
Mr Okatch told the court he will draw a consent order to be signed by all the concerned parties before the Will is confirmed.
“This matter has been adjourned to October 7, 2024 when parties will appear in court for confirmation of the will of the late President Daniel Toroitich arap Moi,” directed Justice Chemitei.
